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THE GOVERNMENT
OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 41/2024/ND-CP
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Hanoi, April 16,
2024
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DECREE
AMENDMENT TO DECREES
PERTAINING TO MANAGEMENT OF AUTOMOBILE TRANSPORTATION, AUTOMOBILE DRIVER
TRAINING SERVICE, AND DRIVING TEST SERVICES
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on amendment to the Law on Government Organization
and the Law on Local Government Organization dated November 22, 2019;
Pursuant to the Law on Road Traffic dated
November 13, 2008;
Pursuant to the Law on Electronic Transactions
dated November 29, 2005;
At request of the Minister of Transport;
The Government promulgates Decree on amendment
to Decrees pertaining to management of automobile transportation, automobile
driver training services, and driving test services.
Article 1. Amendment to Decree No. 65/2016/ND-CP
dated July 1 of 2016 of the Government on conditions for providing driver
training services and driving test services (amended by Decree No.
138/2018/ND-CP dated October 8 of 2018 and Decree No. 70/2022/ND-CP dated
September 27 of 2022)
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“1. System of classrooms:
a) Theory classrooms: Are equipped with teaching
aids that assist in teaching: Road traffic laws, driver ethics, traffic
etiquette, prevention and combating harmful effects of alcoholic beverages,
fire safety and rescue; road traffic signal, driving course illustrations or
electronic display;
b) Automobile engineering classrooms: Are equipped
with projectors serving as teaching aid to assist in teaching structure,
regular repair, and driving techniques; where projection contents lack videos,
simulations, suspension system, brake system, driving system, basic driving
maneuvers (adjusting driver’s seats, sitting position, steering wheel grip,
etc.), physical or electronic illustration of said contents are required; are
equipped with cross section models of engine, transmission system, electrical
system; where cross section models of engine, transmission system, electrical
system are not available, projection of videos and/or images is required.
Professional toolkits are required for the purpose of teaching learners to
replace tires, check engine oil, coolants (where appropriate); jacked up
automobiles are required to accommodate gear changing exercises while engine is
off or on (where appropriate); simulation equipment is required to accommodate
driver training;
c) Automobile driver training facilities must
accommodate adequate number of theory classrooms and automobile engineering
classrooms depending on the number of learners and training programs; where a
minimum of 1 theory classroom and 1 automobile engineering classroom is
required if there are less than 500 learners; where a minimum of 2 theory
classrooms and 2 automobile engineering classrooms are required if there are
500 learners to 1.000 learners; where a minimum of 3 theory classrooms and 3
automobile engineering classrooms are required if there are more than 1.000
learners.”.
2. Amend Clause 1 and Clause 4 Article 8 (amended
by Clause 5 Article 1 of Decree No. 138/2018/ND-CP dated October 8 of 2018):
a) Amend Clause 1 Article 8 (amended by Clause 5
Article 1 of Decree No. 138/2018/ND-CP dated October 8 of 2018):
“1. General standards: Driving instructors must
meet standards under vocational education and training laws.”;
b) Amend Clause 4 Article 8 (amended by Clause 5
Article 1 of Decree No. 138/2018/ND-CP dated October 8 of 2018):
“4. Departments of Transport issue driving
instructor certificate to instructors under management of local government or
individuals.”.
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“Article 9. Procedures for issuance, revocation
of driving instructor certificate
1. Application for issuance of driving instructor
certificate consists of:
a) Application form under Appendix IV attached
hereto;
b) Degrees of intermediate education level or
higher (copies and originals or certified true copies or electronic certified
true copies);
c) Certificate of pedagogy profession (copies and
originals or certified true copies or electronic certified true copies);
d) 1 color portrait of 3 cm x 4 cm dimension with
blue background, similar to the type used in ID Card, and taken in the last 6
months.
Where documents under Point b and Point c of this
Clause have been integrated in electronic identification account, the
presentation and inspection thereof can be done via electronic identification
account.
2. Procedures
a) Individuals applying for driving instructor
certificate for the first time shall submit applications under Clause 1 of this
Article to driver training facilities in person or via post service;
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c) Within 3 working days from the date on which
training programs end, training facilities shall send documents under Appendix
V and applications of trainees to Departments of Transport to request issuance
of driving instructor certificate in person, via post service, or
electronically;
d) Departments of Transport shall receive lists
produced by training facilities and applications; where applications are
inadequate or inaccurate, Departments of Transport must request training
facilities in writing to revise within 2 working days; where applications are
adequate, Departments of Transport must organize examination and assessment
within 5 working days. Where applicants are ineligible, Departments of
Transport must respond training facilities in writing;
dd) Within 3 working days from the date on which
applicants pass the examination, Departments of Transport shall issue driving
instructor certificate to the applicants in person or via post service and
record in logbook using form under Appendix VI attached hereto. Where
applicants do not pass the examination, Departments of Transport shall inform
the applicants in writing.
3. Driving instructor certificate will be revoked
when:
a) The driving instructor certificate is obtained
with the involvement of fraudulent acts;
b) The driving instructor certificate is issued to
an individual who does not meet eligibility detailed under Article 8 hereof;
c) The driving instructor certificate is issued by
an agency or individual not entitled to doing so;
d) The driving instructor certificate is edited or
fabricated;
dd) The driving instructor certificate is borrowed,
hired by other training facilities for purposes other than education and
instruction or by other organizations, individuals.
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a) Within 5 working days from the date on which
violation is discovered, entitled agencies shall issue decision on revocation
of the certificate, inform relevant agencies for cooperation, and announce on
their website;
b) Holders of driving instructor certificate must
hand back the certificate to issuing agencies and cease to participate in
training activities as soon as entitled agencies discover the violation.”.
4. Amend Article 10
(amended by Point a and Point b Clause 7 Article 1 of Decree No. 138/2018/ND-CP
dated October 8 of 2018 and Point a Clause 1 Article 2 of Decree No.
70/2022/ND-CP dated September 27 of 2022):
“Article 10. Procedures for re-issuance of
driving instructor certificate
1. Driving instructor certificate shall be
re-issued where the certificate is lost or damaged its contents are changed.
a) Applications for re-issuance of lost or damaged
certificate consist of components under Point a and Point d Clause 1 Article 9
of this Decree;
b) Applications for re-issuance of certificate with
changed contents consist of components under Point a and Point d Clause 1
Article 9 hereof and documents relating to respective changes, to be specific:
Change to name of applicants for driving instructor certificate: (Certified
true) Copies of decision of competent authority on change of name; change of date
of birth and ID Card.
Where documents under Point b of this Clause have
been integrated in electronic identification account, the presentation and
inspection thereof can be done via electronic identification account.
2. Procedures
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b) Departments of Transport shall receive the
applications. Where applicants are ineligible, Departments of Transport shall
respond in writing within 3 working days;
c) Within 3 working days from the date on which
adequate application is received, Departments of Transport shall issue driving
instructor certificate in person or via public post service and record in
logbook using form under Appendix VI attached hereto.”.
5. Amend Article 11
(amended by Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated
September 27 of 2022):
“Article 11. Training vehicle license and
entitlement to issuance thereof
1. Departments of Transport shall issue training
vehicle license in respect of training vehicles of training facilities under
management of local government using Form No. 1 and Form No. 2 under Appendix
VII attached hereto. Effective period of the license corresponds to the
effective period specified on certificate of technical safety and environmental
protection inspection for motor vehicles and does not exceed legitimate useful
life of training vehicles.
2. Training vehicle license is revoked when:
a) The license is issued to training vehicles that
do not meet any of the eligibility under Clause 2 Article 3 and Clause 2
Article 6 hereof;
b) The license is edited or fabricated;
c) The license is used by other organizations,
individuals for driving instruction purpose;
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dd) The license is revoked at request of training
facilities;
e) Training vehicles are equipped with and using at
least 2 DAT devices for frauds in driving practice.
3. Agencies entitled to issuing training vehicle
license shall revoke training vehicle license as follows:
a) Within 5 working days from the date on which
violation is discovered, entitled agencies shall issue decision on revocation
of the certificate, inform relevant agencies for cooperation, and announce on
their website;
b) Training facilities holding training vehicle
license must suspend the use of training vehicles where their license has been
revoked when competent authority discovers violation and submit the license to
issuing agencies when decision on revocation of the license enters into
force.”.
6. Amend Clause 2 Article
12 (amended by Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated
September 27 of 2022):
“2. Procedures
a) Organizations send the list mentioned under
Point a Clause 1 of this Article and application for driver training license in
person or via post service to Departments of Transport;
b) Departments of Transport shall organize physical
inspection, record using Form under Appendix XIII attached hereto, and issue training
vehicle license to applying organizations at the same time as reviewing
issuance of driver training license;
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a) Where training vehicle license is re-issued or
more training vehicles are added: Training facilities shall submit applications
consisting of components under Clause 1 of this Article to Departments of
Transport in person or via post service or online public service portal;
dd) Within 3 working days from the date on which
Departments of Transport receive adequate applications, the Departments of
Transport shall inspect and issue training vehicle license to training
facilities. If Departments of Transport reject, they must respond in writing;
e) Where electronic driver training license (with
two-way QR codes) are connected to website of Departments of Transport to
extract information on automobiles, driver training course, and effective
period on certificate of technical safety and environmental protection
inspection for road motor vehicles, Departments of Transport must adhere to the
Law on Electronic Transactions and guiding documents, and issue electronic
training vehicle license on their website to allow training facilities to print
or archive on electronic devices.”.
7. Amend Clause 1 and Point b, Point c Clause 2
Article 14 (amended by Article 2 of Decree No. 138/2018/ND-CP dated October 8
of 2018 and Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated
September 27 of 2022):
a) Amend Clause 1 Article 14 (amended by Article 2
of Decree No. 138/2018/ND-CP dated October 8 of 2018):
“1. Application consists of:
a) Application form using form under Appendix X
attached hereto;
b) Decision on establishment of vocational
education and training facility of competent authority (copies and originals or
certified true copies or electronic certified true copies);
c) Driving instructor certificate (copies and
originals or certified true copies or electronic certified true copies);
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Where documents under Point b, Point c, and Point d
of this Clause have been integrated in electronic identification account, the
presentation and inspection thereof can be done via electronic identification
account.”;
b) Amend Point b Clause 2 Article 14 (amended by
Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated September 27 of
2022):
“b) Where applications are inadequate, Departments
of Transport shall respond the applicants in writing within 2 working days from
the date on which they receive the applications;”;
c) Amend Point c Clause 2 Article 14 (amended by
Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated September 27 of
2022):
“c) Within 10 working days from the date on which
Departments of Transport receive adequate applications, Departments of
Transport shall take charge and cooperate with local vocational education and
training authority in conducting physical inspection of training facilities,
produce records using form under Appendix XI attached hereto, and issue driver
training license to eligible facilities. If Departments of Transport reject,
they must respond in writing;”.
8. Amend Point a Clause 1
Article 15 as follows:
“a) Applications consist of components detailed
under Point a, Point c, and Point d Clause 1 Article 14 hereof (adding only
changes relative to the latest license);”.
9. Add Point g, Point h,
and Point i to Clause 1 Article 16:
a) Add Point g to Clause 1 Article 16:
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b) Add Point h to Clause 1 Article 16:
“h) Driver training facilities fail to provide
driver training courses for 24 consecutive months from the date on which notice
on suspension is issued and conditions for providing automobile driver training
services are not met;”;
c) Add Point i to Clause 1 Article 16:
“i) Driver training facilities fail to provide
driver training courses for 24 consecutive months.”.
10. Amend Point c and Point g Clause 1 Article 18
(amended by Point a and Point b Clause 8 Article 1 of Decree No. 138/2018/ND-CP
dated October 8 of 2018):
a) Amend Point c Clause 1 Article 18 (amended by
Point a Clause 8 Article 1 of Decree No. 138/2018/ND-CP dated October 8 of
2018):
“c) Number of motor vehicles for examination:
Examination for class A1, B1, B2, and C shall consist of 2 vehicles for each
class and at least 1 vehicle for each other class (both illustration and road
examination). These vehicles for examination must not be used for other
business activities. A minimum of 1 vehicle shall be required for road
examination of each class. Vehicles for examination are under legitimate use
right of organizations and individuals in possession of driver training
facilities;”;
b) Amend Point g Clause 1 Article 18 (amended by
Point b Clause 8 Article 1 of Decree No. 138/2018/ND-CP dated October 8 of
2018):
“g) Simulation equipment for automobile driving
examination: Shared with server and clients of theory examination rooms; where
separate installation is required, a minimum of 2 servers and 10 clients
containing software simulating traffic scenarios stipulated by the Ministry of
Transport.”.
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“3. Departments of Transport shall issue, re-issue
certificate of driver training center eligible for operation in provinces and
central-affiliated cities.”.
12. Amend Clause 2 Article
20 (amended by Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated September
27 of 2022):
“2. Procedures
a) Organizations and individuals shall send
applications in person or via post service to Departments of Transport;
b) Within 5 working days from the date on which
Departments of Transport receive adequate applications, Departments of
Transport shall send written approval to applicants; where Departments of
Transport reject, they must respond to the applicants in writing.”.
13. Amend Article 21
(amended by Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated September
27 of 2022):
“Article 21. Procedures for issuing certificate
of eligible type 1, type 2 driver training centers
1. Where construction of driver training centers
completes, organizations and individuals shall send application for certificate
of eligible driver training centers to Departments of Transport.
2. Within 10 working days from the date on which
Departments of Transport receive the applications, Departments of Transport
shall examine and record using form under Appendix XIV attached hereto and
issue certificate of eligible driver training centers. If Departments of
Transport reject, they must respond in writing.”.
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“b) Within 10 working days from the date on which
Departments of Transport receive the applications, Departments of Transport
shall examine and record using form under Appendix XIV attached hereto and
issue certificate of eligible driver training centers. If Departments of
Transport reject, they must respond in writing.”.
15. Add Point g and Point
h to Clause 1 Article 24:
a) Add Point g to Clause 1 Article 24:
“g) Driver training vehicles dissolve as per the
law;”;
b) Add Point h to Clause 1 Article 24:
“h) Driver training centers fail to provide driver
training services for 24 consecutive months.”.
16. Add Point d to Clause 1 and amend Point a
Clause 2 Article 26 (amended by Point a Clause 1 Article 1 of Decree No.
70/2022/ND-CP dated September 27 of 2022):
a) Add Point d to Clause 1 Article 26:
“d) Regulate and provide guidelines on management
and use of data collected from devices supervising time and length of driver
training practice.”.
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“a) Comply with this Decree and inspect, examine
compliance with this Decree; provide training and instructions to Departments
of Transport regarding inspection, issuance of certificate of eligible driver
training centers;”;
17. Replace Appendices
under Decree No. 65/2016/ND-CP:
a) Replace Appendix III with Appendix I attached
hereto;
b) Replace Appendix IV (replaced with Appendix IV
of Decree No. 138/2018/ND-CP) with Appendix II attached hereto;
c) Replace Appendix V with Appendix III attached
hereto;
d) Replace Appendix VII with Appendix IV attached
hereto.
18. Add Appendix V and
Appendix VI under this Decree to Decree No. 65/2016/ND-CP in form of Appendix
XIII and Appendix XIV.
19. Annul Clause 2 Article
7, Point a Clause 3 Article 13, and Point a Clause 3 Article 26.
Article 2. Amendment to Decree No. 10/2020/ND-CP
dated January 17 of 2020 of the Government on provision of and conditions for
providing automobile transport services (amended by Decree No. 47/2022/ND-CP
dated July 19 of 2022)
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2. Amend Point a Clause 3 and Clause 8 Article 4:
a) Amend Point a Clause 3:
a) Departments of Transport: Develop, revise list
of fixed provincial route network; cooperate with Departments of Transport
governing the other end of the line in developing, revising list of fixed
inter-provincial route network in a manner that stabilizes declared routes;
where routes of coach stations of provinces and cities are organized in
directional manner, the beginning and end points of a route depend on the
direction of the route;”;
b) Amend Clause 8:
“8. Coach stations must utilize management software
to monitor vehicles entering, leaving the stations and providing information
(name of station; name of transport service provider, cooperative; license
plate; route; time of departure; actual number of passengers on board at the
time of departure) from transport order of each trip in the stations to
Directorate for Road of Vietnam. Passenger automobile transport service
providers and cooperatives operating in fixed routes shall keep transport
orders of all trips for at least 3 years.”.
3. Amend Clause 4 Article
5:
“4. Passenger bus transport service providers and
cooperatives shall keep transport order of all trips for at least 3 years.”.
4. Amend Clause 5 Article
7:
“5. Passenger transport service providers that
operate under contracts shall keep transport contracts and passenger manifest
for at least 3 years.”.
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“5. Transport service providers may use coaches to
deliver passenger transport services under contracts; shall keep transport
agreements or travel agreements and passenger manifest for at least 3 years.”.
6. Amend Clause 11 Article
9:
“11. Physical or electronic transport slips are
issued by goods transport service providers and contain at least: Name of
transport service providers; license plate; name of service buyers; route
(point of departure, point of destination); contract number, date of signing
(if any); type and quantity of goods for transport. Goods transport service
providers must keep transport slips of trips made for at least 3 years.”.
7. Amend Point d Clause 3
Article 11:
“d) Produce and update regulations on operation of
vehicles and operators in vehicle information sheet and vehicle operator
information sheet;”.
8. Amend Point a Clause 1, Point b, Point dd, and
Point e Clause 6, Point d Clause 7 Article 19:
a) Amend Point a Clause 1 Article 19 as follows:
“a) Transport service providers submit application
for business license to Departments of Transport of provinces and cities where
their headquarters or branches are based. Where applications require revision,
issuing authority shall inform the applicants about required revision or
addition in person or online public service portal or in writing within 3
working days from the date on which they receive the applications;”;
b) Amend Point b Clause 6 Article 19:
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c) Add Point dd and Point e to Clause 6 Article 19:
“dd) Fail to comply with decision of competent
authority on investigation and inspection regarding compliance with regulations
on operation, conditions for providing automobile transport services;
e) At least 30% of vehicles are met with revocation
or suspension of badge and/or license plate as penalty for violation.”;
d) Amend Point d Clause 7 Article 19 (amended by
Clause 7 Article 1 of Decree No. 47/2022/ND-CP dated July 19 of 2022):
“d) Where issuing authority of business license
promulgates decision on revocation of business license due to violations in
transport models, within 10 days from the date on which the issuing authority
sign the decision, transport service providers must hand back business license,
badge, and license plate to issuing authority and suspend transport services
according to decision on revocation.
Where transport service providers hand back
business license, badge, and license plate in accordance with decision on
revocation, issuing authority shall re-issue business license after 30 days
from the date on which business license, badge, and license plate have been
handed back.
Where transport service providers fail to hand back
all business license, badge, and license plate within 10 days from the date on
which issuing authority promulgates decision on revocation of business license
of transport models where violation is committed, Departments of Transport
shall only re-issue business license after 45 days form the date on which
transport service providers hand back all business license, badge, and license
plate according to decision on revocation.”.
9. Amend Clause 1, Point a and Point c Clause 2,
Clause 7, Clause 9, and Clause 10 Article 20:
a) Amend Clause 1 Article 20:
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b) Amend Point a Clause 2 Article 20:
“a) Transport service providers and cooperatives
shall develop, negotiate with coach stations on either ends of the routes
regarding departure time, and send to Departments of Transport of provinces and
cities where headquarters or branches of transport service providers are
located in order to register route operation, and send to Departments of
Transport of provinces and cities where the other end of the routes are located
for joint management;”;
c) Amend Point c Clause 2 Article 20 as follows:
“c) Departments of Transport (of provinces and
cities where headquarters or branches of transport service providers are
located) shall take charge and revise list of routes in accordance with Point a
and Point b Clause 3 Article 4 hereof, issue badge to vehicles; update, revise,
and publish list of route network in accordance with instructions of Minister
of Transport.”;
d) Amend Clause 7 Article 20:
“7. Transport service providers and cooperatives
may suspend operation of a route or several trips in a route.
a) Transport service providers and cooperatives
shall send notice to Departments of Transport, stations on both ends of the
routes at least 5 days prior to suspension, hand back badges of fixed routes to
Departments of Transport on the date on which route operation is suspended.
Coach stations on both ends of a route must publicly post notice for at least
10 days from the date on which they receive the notice from transport service
providers and cooperatives;
b) Within 2 working days from the date on which
route operation is suspended, Departments of Transport shall update in
accordance with Point a and Point b Clause 3 Article 4 hereof.”;
dd) Amend Clause 9 Article 20:
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e) Amend Clause 10 Article 20:
“10. Departments of Transport that issue notice of
successful route operation registration shall revoke route operation
registration in respect of active nodes or operators as follows:
a) Issue decision on revocation. Where an active
route only consists of 1 node or operator or all nodes or operators of a route
make less than 70% of total registered trips, revoke notice of successful route
operation registration and badges issued to vehicles operating the route;
b) Send decision on revocation to transport service
providers, cooperatives, coach stations on both ends of the routes, Departments
of Transport of provinces and cities where the other end of the route is
located and upload on website of Departments of Transport;
c) Within 2 working days from the date on which
decision on revocation is issued, update information pertaining to departure
time of revoked nodes and operators in management software of fixed passenger
transport routes of Ministry of Transport to enable other transport service
providers and cooperatives to register route operation in accordance with this
Decree;
d) Within 30 days from the date on which decision
on revocation enters into force, transport service providers and cooperatives
subject to the revocation are not allowed to register operation on routes where
their nodes or operators have been revoked. After 30 days from the date on
which decision on revocation enters into force, transport service providers and
cooperatives may apply for route operation in accordance with this Decree if
they wish to continue business activities on routes where their nodes or
operators were previously revoked.”.
10. Amend Point a Clause 5
Article 22 as follows:
“a) Transport service providers shall send
application for badge issuance to Departments of Transport that previously
issued business license to the service providers; where passenger transport
service providers that operate in fixed routes wish to use intermediate
transport, the service providers shall submit application for issuance of “XE
TRUNG CHUYỂN” (INTERMEDIATE TRANSPORT) badge to Departments of Transport that
previously issued business license to the service providers or Departments of
Transport of provinces and cities where the other end of the route is located.
Where applications require revision, badge issuing authority shall inform the
applicants about required revision or addition in person or online public
service portal or in writing within 1 working day from the date on which they
receive the applications;”.
11. Amend Clause 11 and Point a Clause 12 Article
22:
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“11. Departments of Transport
a) Promulgate decisions and revoke badges, license
plates of transport service providers that they have issued in accordance with
Clause 10 of this Article, Point d Clause 7 Article 19 hereof;
b) Within 2 days from the date on which decision is
issued, Departments of Transport must upload the decision on revocation on
their website;
c) Where issuing authority of badges and license
plates promulgate decision on revocation, within 10 working days from the date
on which the decision is signed, transport service providers must hand back
their badges and license plates to issuing authority and suspend all transport
services provided via revoked vehicles.
Where transport service providers hand back badges
and license plates in accordance with decision on revocation, Departments of
Transport shall issue, re-issue badges and license plates after 30 days (or 60
days in case of the second violation in 6 consecutive months) from the date on
which the transport service providers hand back badges and license plates to
Departments of Transport.
Where transport service providers fail to hand back
their badges and license plates within 10 days from the date on which issuing
authority promulgate decision on revocation, Departments of Transport shall
only issue, re-issue badges and license plates after 45 days (or 90 days in
case of the second violation in 6 consecutive months) from the date on which
the transport service providers hand back badges and license plates to
Departments of Transport;
d) Revoke badges and license plates where transport
service providers report and hand back badges and license plates due to
discontinued use of vehicles for transport services;
dd) Where transport service providers have handed
back badges and license plates, Departments of Transport shall remove
information on vehicle conditions on itinerary supervisory system;
e) Suspend application for issuance and re-issuance
of badges and license plates where applicants are subject to and fail to comply
with decision on revocation of badges and license plates; where the applicants
fulfill decision on revocation of badges and license plates, issuing authority
shall conform to this Decree. Where transport service providers apply for
issuance and re-issuance of badges and license plates due to loss of previous
badges and license plates after decision on revocation of badges and license
plates is issued, Departments of Transport shall refrain from issuing,
re-issuing badges and license plates for 60 days from the date on which they
receive the application.”;
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“a) Transport service providers must access website
of Departments of Transport to examine information pertaining to revocation of
business license, badges, license plates, and hand back badges, license plates
to Departments of Transport. Where vehicles are no longer used to provide
transport services, within 10 days from the date on which business operation is
suspended, transport service providers must submit written reports, badges, and
license plates to issuing Departments of Transport (unless said vehicles are
lost);”.
12. Amend Clause 2 Article
23:
“2. Develop and publish list of rest areas on
national highways; develop management software for fixed passenger transport
route; provide guidelines on arrangement, management, and criteria for
establishing routes, passenger pick-up and drop-off points on fixed routes,
transport order form and inspection of eligibility of automobiles, vehicle
operators, and verification of transport order.”.
13. Amend Clause 4 Article
33:
“4. Develop and publish: List of provincial and
adjacent bus network; stops and rest areas accommodating passenger pick-up and
drop-off of transport vehicles.“.
14. Amend paragraph 5 of
Appendix I:
“5. Business registration certificate or business registration
No. …………; Tax identification number: ………… (where transport service providers
are cooperatives or household businesses, copies of business registration
certificate are required)”.
15. Annul:
a) Point d Clause 3 Article 7, Point d Clause 3 Article
8 and Point d Clause 9 Article 22 of Decree No. 10/2020/ND-CP dated January 17
of 2020 of the Government;
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c) Paragraph “4. License to provide automobile
transport services No. ……… issued on …………… (date) at ………… (place of issue)”
under Appendix V.
Article 3. Amendment
to Decree No. 119/2021/ND-CP dated November 24 of 2021 of the Government on
procedures for issuance, re-issuance, revocation of cross-border road transport
license
1. Replace the phrase “Tổng
cục Đường bộ Việt Nam” (Directorate for Roads of Vietnam) with the phrase “ Cục
Đường bộ Việt Nam” (Directorate for Road of Vietnam) under:
Article 6, Article 8, Article 11, Article 13,
Article 17, Article 18, Article 19, Article 22, Article 28, Article 29, Article
31, Article 34, Article 35, Article 38, Article 39, Article 40; Form No. 2 of
Appendix I; Form No. 2 of Appendix II; Form No. 15 of Appendix III; Form No. 8,
10, 12, 13, 14, and 15 of Appendix IV; Form No. 3, 11, 13, 14, 15, and 16 of
Appendix V.
2. Amend Clause 2 Article
3:
“2. Vehicles include: Passenger transport
automobiles; goods transport automobiles; hauling units; trailers, semi-trailers
towed by automobiles; special-use vehicles operating on roads.”.
3. Amend Clause 2 Article
5:
“2. Cross-border transport permit is issued by
competent authority to vehicles to accommodate international road
transportation.
a) Cross-border transport permit for commercial
vehicles facilitates multiple trips, each of which lasts no more than 30 days
and has effective period of 1 year from the date of issue, except for cases
detailed under Points b, c, and d of this Clause;
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c) Cross-border transport permit for commercial
vehicle travel between Vietnam and Laos issued to contractual passenger
transport vehicles and tourism passenger transport accommodates multiple trips
and has effective period of the duration of travel or the tour and no more than
30 days.
d) Cross-border transport permit for commercial
vehicle travel between Vietnam and Cambodia comes in 2 types: Type 1 permit is
issued to transport vehicles for multiple trips, each of which lasts no more
than 30 days and has effective period of up to 1 year; type 2 permit is issued
to vehicles for single trips and has effective period of up to 30 days;
dd) Cross-border transport permit for
non-commercial vehicle travel between Vietnam - Laos or Vietnam - Laos -
Cambodia accommodates multiple trips and is issued for the duration of travel
up to 30 days;
e) Cross-border transport permit for official
vehicles, vehicles of foreign affair missions, international organizations
travel between Vietnam and Laos accommodates multiple trips and is issued for
the duration of travel up to 1 year;
g) Cross-border transport permit for non-commercial
vehicle travel between Vietnam - Cambodia (other than ambulances and fire
engines exempt from the permit according to Vietnam-Cambodia Road Transport
Agreement) comes in 2 types: Type 1 permit for transport vehicles accommodates
multiple trips, each of which lasts no more than 30 days and has effective
period of up to 1 year; type 2 permit accommodates single trip and has
effective period of up to 30 days.”.
4. Amend Point d Clause 4
Article 6:
“d) Results shall be collected in person at
headquarters of competent authority entitled to issuance or post service as per
the law.”.
5. Amend Point d Clause 4 and Clause 5 Article 8:
a) Amend Point d Clause 4 Article 8:
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b) Amend Clause 5 Article 8:
“5. Where ASEAN cross-border transport permit
expires or runs out of space for seals to be appended by border authority,
transport service providers shall submit application for re-issuance in
accordance with Clause 2 and Clause 4 of this Article; where ASEAN cross-border
transport permit is lost or damage, transport service providers shall submit
application for re-issuance in accordance with Point a Clause 2 and Clause 4 of
this Article.”.
6. Amend Point d Clause 1
Article 9:
“d) License to provide automobile transport
services or ASEAN international road transport permit or badge or license plate
of the vehicle is revoked by competent authority;”;
7. Amend Point d Clause 4
Article 11:
“d) Results shall be collected in person at
headquarters of competent authority entitled to issuance or post service as per
the law.”.
8. Amend Point d Clause 4 and Clause 5 Article 13:
a) Amend Point d Clause 4 Article 13:
“d) Results shall be collected in person at
headquarters of competent authority entitled to issuance or post service as per
the law.”;
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“5. Where GMS cross-border transport permit or TAD
record expires or runs out of space for seals to be appended by border
authority, transport service providers shall submit application for re-issuance
in accordance with Clause 2 and Clause 4 of this Article; where GMS
cross-border transport permit or TAD record is lost or damage, transport
service providers shall submit application for re-issuance in accordance with
Point a Clause 2 and Clause 4 of this Article.”.
9. Amend Point d Clause 1
Article 14:
“d) License to provide automobile transport
services or GMS international road transport permit or badge or license plate
of the vehicle is revoked by competent authority;”.
10. Amend Clause 5 title, Point c Clause 5, Clause
6, Clause 7 Article 17:
a) Amend Clause 5 Article 17 title:
“5. Procedures for issuing class A, class E
transport permit; class B, class C, class F, class G transport permit for the
first time in the year:”;
b) Amend Point c Clause 5 Article 17:
“c) Results shall be collected in person at
headquarters of competent authority entitled to issuance or post service as per
the law.”;
c) Amend Clause 6 Article 17:
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a) Vehicle operators or employees of transport
service providers that have obtained initial class B, class C, class F, class G
transport permit shall present automobile registration certificate to Departments
of Transport of provinces under Clause 4 of this Article;
b) Depending on lists of vehicles to which initial
class B, class C, class F, class G transport permit is issued, Departments of
Transport of provinces under Clause 4 of this Article shall issue subsequent
class B, class C, class F, class G transport permit in the year.”;
d) Amend Clause 7 Article 17:
“7. Where class A, class B, class C, class E, class
F, class G transport permit issued to Vietnamese vehicles is damaged or lost,
transport service providers shall submit application for re-issuance in
accordance with Point a Clause 2, Clause 3, Clause 5, and Clause 6 of this
Article.”.
11. Amend Clause 3 and Point b, Point c Clause 4
Article 18:
a) Amend Clause 3 Article 18:
“3. Referring authority: Departments of Transport
of Lai Chau Province, Ha Giang Province, Cao Bang Province, Lang Son Province,
Quang Ninh Province, and Lao Cai Province shall rely on transport routes and
pairs of border checkpoints to refer Vietnamese transport service providers to
Chinese competent authority.”;
b) Amend Point b Clause 4 Article 18:
“b) Within 2 working days from the date on which
Departments of Transport of Lai Chau Province, Ha Giang Province, Cao Bang
Province, Lang Son Province, Quang Ninh Province, and Lao Cai Province receive
adequate applications, the Departments of Transport shall refer the applicants
to Chinese authority. In case of rejection, Departments of Transport must
notify and state reason in writing or via online public service;”;
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“c) Results shall be collected in person at
headquarters of referring authority or post service as per the law.”.
12. Amend Clause 3, Point c Clause 4 Article 19 and
add Clause 5 Article 19:
a) Amend Clause 3 Article 19:
“3. Entitlement to issuance: Departments of
Transport of Lai Chau Province, Ha Giang Province, Cao Bang Province, Lang Son
Province, Quang Ninh Province, and Lao Cai Province shall rely on transport
route and border checkpoints under jurisdiction and issue class D permit to
Chinese vehicles.”;
b) Amend Point c Clause 4 Article 19:
“c) Results shall be collected in person at
headquarters of competent authority entitled to issuance or post service as per
the law;”.
c) Add Clause 5 Article 19:
“5. Where class D transport permit expires, Chinese
transport service providers shall submit application for re-issuance in
accordance with Clause 2 and Clause 4 of this Article; where class D is damaged
or lost, Chinese transport service providers shall submit application for
re-issuance in accordance with Point a Clause 2 and Clause 4 of this Article.”.
13. Amend Point b Clause 1
Article 20:
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14. Amend Clause 3 and Point d Clause 4 Article 23:
a) Amend Clause 3 Article 23:
“3. Entitlement to issuance: Departments of
Transport of provinces central-affiliated cities.”;
b) Amend Point d Clause 4 Article 23:
“d) Results shall be collected in person at
headquarters of competent authority entitled to issuance or post service as per
the law.”.
15. Amend Point b Clause 3, Point c Clause 5 and
Clause 6 Article 25:
a) Amend Point b Clause 3 Article 25:
“b) Copies of automobile registration certificate
or copies of notice on collection date of automobile registration certificate
of registration authority or copies made from master register of automobile
registration certificate. Where vehicles are not under ownership of service
providers, copies of vehicle lease agreement are required;”;
b) Amend Point c Clause 5 Article 25:
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c) Amend Clause 6 Article 25:
“6. Where Vietnam - Laos cross-border transport
permit expires or runs out of space for seals to be appended by border
authority, transport service providers shall submit application for re-issuance
in accordance with Clause 2, Clause 3, and Clause 5 of this Article; where
Vietnam - Laos cross-border transport permit is damaged or lost, transport
service providers shall submit for re-issuance in accordance with Point a
Clause 2, Point a Clause 3, and Clause 5 of this Article.”.
16. Amend Point b Clause 1
Article 26:
“b) License to provide automobile transport
services or Vietnam - Laos international road transport permit or badge or
license plate of vehicle is revoked by competent authority;”.
17. Amend Clause 8 Article
31:
“8. Where Vietnam - Cambodia cross-border transport
permit expires or runs out of space for seals to be appended by border
authority, transport service providers shall submit application for re-issuance
in accordance with Clause 2, Clause 3, and Clause 5 of this Article; where
Vietnam - Cambodia cross-border transport permit is damaged or lost, transport
service providers shall submit for re-issuance in accordance with Point a
Clause 2, Point a Clause 3, and Clause 5 of this Article.”.
18. Amend Point d Clause 1
Article 32:
“d) License to provide automobile transport
services or Vietnam - Cambodia international road transport permit or badge or
license plate of vehicle is revoked by competent authority;”.
19. Amend Point c Clause 7 and Clause 8 Article 35:
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“c) Results shall be collected in person at
headquarters of competent authority entitled to issuance or post service as per
the law.”;
b) Amend Clause 8 Article 35:
“8. Where Vietnam - Laos - Cambodia cross-border
transport permit expires or runs out of space for seals to be appended by
border authority, transport service providers shall submit application for
re-issuance in accordance with Clause 2, Clause 3, and Clause 7 of this
Article; where Vietnam - Laos -Cambodia cross-border transport permit is
damaged or lost, transport service providers shall submit for re-issuance in
accordance with Point a Clause 2, Point a Clause 3, and Clause 7 of this
Article.”.
20. Amend Point dd Clause
1 Article 36:
“dd) License to provide automobile transport
services or Vietnam - Laos international road transport permit or Vietnam -
Cambodia international road transport permit or badge or license plate of
vehicles is revoked by competent authority.”.
21. Add Article 41a to
Decree No. 119/2021/ND-CP:
“Article 41a. The Directorate for Road of
Vietnam shall:
Manage, organize the printing of nationally
distinct symbols and permits, licenses to be issued by the Directorate for Road
of Vietnam in accordance with Appendix I, Appendix II, Appendix III, Appendix
V, and Appendix VI hereof.”.
22. Add Article 41b to
Decree No. 119/2021/ND-CP:
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1. Manage, organize the printing of nationally
distinct symbols and licenses to be issued by the Departments of Transport in
accordance with Appendix III, Appendix IV, Appendix V, and Appendix VI hereof.
2. Departments of Transport of Quang Ninh Province,
Lang Son Province, Cao Bang Province, Ha Giang Province, Lao Cai Province, Lai
Chau Province shall negotiate and receive transport permit with China.”.
23. Replace Appendices
under Decree No. 119/2021/ND-CP: Form No. 4 Appendix I; Form No. 3, 4, 5, 6, 8,
9, 10, and 11 Appendix III; Form No. 3 Appendix IV; Sample badge for Vietnam -
Laos - Cambodia cross-border transport permit under Form No. 4, 8, 10, 11, 12,
and 13 ò Appendix VI with Appendices VII, VIII, IX, and X respectively under
this Decree.
24. Amend paragraph 4 in:
Form No. 1 Appendix I; Form No. 1 Appendix II, Form No. 1, Form No. 13 Appendix
III; Form No. 1 Appendix IV; Form No. 1 Appendix V:
“4. License to provide automobile transport
services No. …… issued on …………… (date)”.
25. Amend paragraph 4 in
Form No. 3 Appendix I:
“4. ASEAN international road transport permit No.
…… issued on ………… (date)”.
26. Amend the second entry of paragraph 4 in Form
No. 5 Appendix I:
“- ASEAN Vehicle Cross-border Transport Permit No.
…… the date of ………… (dd/mm/yyyy)”.
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“4. GMS international road transport permit No. ……
issued on ………… (date)”.
28. Amend the second entry of paragraph 4 in Form
No. 6 Appendix II:
“- GMS Road Transport Permit No. …… on the date of
………… (dd/mm/yyyy)”.
29. Amend paragraph 5 in Form No. 12 Appendix III:
“5. Transport permit class: …………… the date of
…………”.
30. Amend paragraph 4 in Form No. 4 Appendix IV,
paragraph 4 in Form No. 8 Appendix IV, paragraph 4 in Form No. 14 Appendix IV:
“4. Vietnam - Laos international road transport
permit No. ……… issued on ………… (date)”.
31. Amend paragraph 4 in Form No. 7 Appendix IV:
“4. Laos - Viet Nam vehicle cross-border transport
permit No. ………… the date of ………”.
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“4. Vietnam - Cambodia international road transport
permit No. ……… issued on ………… (date)”.
33. Amend paragraph 4 in Form No. 5 Appendix V:
“4. Vietnam - Cambodia international road transport
permit (for transport service provider) No. ………… issued on ………”.
34. Amend paragraph 5 in Form No. 8 Appendix V:
“5. Cambodia - Viet Nam vehicle cross-border
transport permit No. ………… the date of ……”.
35. Amend paragraph 4 in Form No. 1 Appendix VI:
“4. Vietnam - Laos/Vietnam Cambodia international
road transport permit No. ………… issued on …...”.
36. Amend paragraph 4 in Form No. 2 Appendix VI:
“4. Vietnam - Laos/Vietnam Cambodia international
road transport permit (for transport service provider) No. ………… issued on
………".
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“4. Laos - Cambodia - Viet Nam vehicle cross-border
transport permit No. ………… the date of ……”.
38. Annul Point a Clause 4
Article 25, Point b Clause 4 Article 31, Point b Clause 4 Article 35.
39. Annul the phrase “Sở
Giao thông vận tải - Xây dựng” (Departments of Transport - Construction) under
Clause 2 Article 10; Clause 2 Article 15; Point b Clause 4 Article 17; Clause 2
Article 21; Point b Clause 3 Article 22; Point b Clause 4 Article 25; Clause 2
Article 27; Clause 2 Article 33; Clause 5 Article 35; Clause 2 Article 37;
Clause 3 Article 38.
40. Annul the phrase “Sở
GTVT-XD” (Departments of Transport - Construction) under Form No. 15 of
Appendix III.
Article 4. Transition clause
1. Driving instructor certificate, training vehicle
license, driver training license, certificate of driver training center
eligible for operation issued by competent authority before effective date
hereof shall remain eligible for use for the entirety of the effective period.
2. Driver training facilities shall install
equipment and devices monitoring time and length of driving practice of
vehicles on training vehicles from the date on which National Regulation
replacing National Regulation QCVN 105:2020/BGTVT comes into force.
3. Application for certificate of driver training
center eligible for operation received by the Directorate for Road of Vietnam
before the effective date hereof shall be processed in accordance with Decree
No. 65/2016/ND-CP amended by Decree No. 138/2018/ND-CP.
4. Class D transport permit issued by the
Directorate for Road of Vietnam before the effective date hereof shall remain
eligible for use for the entirety of the effective period.
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1. This Decree comes into force from June 01 of
2024.
2. Ministers, heads of ministerial agencies, heads
of Governmental agencies, Chairpersons of People's Committees of provinces and
central-affiliated cities, and relevant organizations, individuals shall be
responsible for the implementation of this Decree./.
ON BEHALF OF.
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha